The question of whether owners of commercial premises in residential buildings should help fund the installation of elevators has long sparked debate in Spain. A recent ruling by the Provincial Court of Zamora (Audiencia Provincial de Zamora) has put an end to years of disputes between residents and shop owners on the ground floors. The judges concluded that even if the building’s statutes exempt commercial units from some expenses, they are still required to contribute to the cost of installing an elevator.
Arguments from both sides: why shop owners refused to pay
It all started when several shop owners in a Zamora building refused to help pay for a new elevator. They cited the building statutes, which exempted them from expenses for maintaining the entrance and stairways. In their view, as long as they do not use these areas, they are not obliged to pay for their upgrade. Furthermore, the business owners argued that the chosen project was the most expensive option, and that their interests had not been considered when selecting the contractor.
However, the first-instance court did not support their position. It was noted that exemption from ongoing expenses does not apply to capital investments like installing an elevator. The judges emphasized that even if the shops do not use the entrance, they still benefit from the increase in property value and the overall improvement for all owners.
Where is the line between maintenance and improvement?
Spanish housing legislation clearly distinguishes between current expenses and capital improvements. The former includes cleaning, lighting, minor repairs, and maintenance of communal areas. Capital investments involve major changes, such as installing an elevator, renovating the facade, or removing architectural barriers. According to the court, it is precisely these types of projects that must be financed by all property owners, regardless of whether they directly benefit from the result.
The judges emphasized that if exemption from fees were extended to capital works, it would lead to unfair financial distribution. As a result, some owners would benefit at the expense of others, contradicting the principles of fairness and solidarity in multi-unit buildings.
Court ruling: everyone must pay
The Provincial Court of Zamora confirmed that installing an elevator is not a luxury, but a necessary condition for accessibility and comfort in residential buildings. According to Article 10.1.a) of the Law on Horizontal Property (Ley de Propiedad Horizontal), all owners are required to contribute to the costs of such works. Exceptions are only possible if the bylaws contain specific clauses that explicitly exempt owners from paying for new installations or improvements.
In this case, the building’s charter exempted the stores only from current maintenance costs, not from capital investments. The court also noted that the choice of contractor and the cost of the work were decided by the majority of residents, and alternative options had been considered. Attempts by business owners to challenge the process were found to be unfounded.
When are exceptions possible, and why are they so rare?
The judges specifically emphasized: if the building’s charter does not explicitly exempt owners from paying for new installations, shop owners are required to pay on par with everyone else. Phrases like “exempt from entrance and staircase expenses” are not sufficient to exclude them from capital improvements. Only clear, concrete, and unambiguous language can serve as a basis for exemption from such expenses.
As a result, even if commercial premises do not use the elevator, they must participate in funding its installation. The court stressed that such improvements increase the value of the entire building, making them beneficial for ground-floor stores as well.
What this means for property owners and the new rules of the game
The court decision in Zamora has set a significant precedent for all of Spain. Now, owners of commercial premises must be prepared: their involvement in major expenses is not optional, but a legal obligation. Exceptions are extremely rare and require specific wording in the building’s statutes. Otherwise, attempts to avoid payment may lead to legal disputes and additional costs.
Court rulings show that judges increasingly side with residents demanding an equal share of expenses. This applies not only to elevators, but also to other major works aimed at improving living conditions and increasing property values.
As RUSSPAIN previously reported
The Provincial Court of Zamora (Audiencia Provincial de Zamora) is one of the key judicial bodies in the autonomous community of Castilla y León. It hears a wide range of civil and criminal cases, including disputes between property owners. In recent years, the court has repeatedly issued rulings that shape case law on housing issues. In particular, its decisions are frequently cited in similar cases across other regions of Spain. Judges at this court are known for their consistent stance on the fair allocation of expenses in apartment buildings. Thanks to their rulings, many contentious issues between residents and commercial property owners have received clear legal interpretations. In 2025, the court remains a respected authority whose decisions continue to influence housing policy nationwide.
